Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-06-17
THa INTERSTATE DECISION

SO far as can be CLEANED from the synop-
sis autographed, the decision of the Inter
state Commission amounts to this: That
the railroads must judge for themselves
what is or is not infraction of the inter
state law-the Commission will not, in ad-
vance of complaint, prescribe rules of ac-
ton for carriers. But as an aid to correct
Interpretation of the law concerning the
long-and-short-haul clause, the Commits
sion give expression to the view that the
prohibition against a greater charge for a
shorter than for longer distance, over the
same line in the same direction, is limited
to cases in which the circumstances and
conditions are substantially similar. OF
these conditions and circumstances the
railroads, however, must themselves Judge
whether they are within the meaning Of
the law or not. When the roads, at their
own risk, have judged and acted, then the
Commission may pass upon the matter. OF
course this amounts to saying that the pre-
cedents are to be made, and that railroads
must " take the chances" so to speak. I'M
til line Of decisions, following complaints
made, has clearly settled all doubts con-
corning the law. The Commission further
say
The existence of actual competition which is
OF controlling force in respect to traffic import
ant IN amount, may make ont dissimiIar cir
cu1nstahceS ana conditions emitting the carrier
70 chafge less Tor longer than for a shorter
maui over the same line in the same direction,
IN the following cases:
When the competition is with carriers by
water wtllch are not subject to the provisions of
When the competition is with foreign or other
railroads which are not subject to the provisions
OF the statute.
In rare and peculiar cases of. connection he
tween railroads which are subject to the statute
when a strict application of the general ruIe of
the statute would be destructive of competition
Further on the Commission expresses an
opinion which, it appears to us, is favor
able to the discrimination between through
and way freight tariffs, and, if the SYNOPSIS
IS not misleading, the decision practically
settles the main question regarding rail
roads meeting the competitive rates of
steamship and foreign lines without incur
ring the penalty of the law. The Com
mission say:
Low rates are the necessity of situation. and
II railroads compete with water Transportation
Slther on the ocean or navigable rivers they
nave no choice but TO accent sllch rates To
compel the roads to observe the Strictly GENERAL
rue laid down by the fourth section would ne.
SesSlthte their abandonment of some classes of
t GuSivs ;tb which they are brought in eompet
tIGn with water transportation. Competition
with canadian roads, it is believed presents q
case oil dlsslmllar circumstances and conditions
MnEensVer sucn roads compete with roads in the
Chlteu states Tor business between one part of
our country and another, a state of circum
stances arises and exists as to such business
"ilien yuslines the American roads meeting
of rates. uO'ioii
The Commissioners further hold that
railroads must either be allowed 10 COM
pete with ships and make low rates to riaeet
their competition, or leave the vessels in
possession of the carrying business without
check upon the charges which competi-
ton affords.
The case is taken of railroad from
Pittsburg parallel to the Pennsylvania
road, as far as Youngstown, thence to Ash
tabula, O., where through connection with
the Lake Shore gives the people Of Pitts
burg and Youngstown competition with
the Pennsylvania road in their business to
and from New York and New England.
II, say the Commissioners, the long and
short haul clause is construed strictly it
would destroy competition from Pittsburg,
winch furnished the capital to build it for
the express purpose of securing COMPETE
ton. The Commission adds:
AND Al other roads similarly situated like GER
CINCINNATI TO Toledo and thar from New, alt hU,r
80 Onleago, when forming links in the east
pound , traiilc make smaller charges for longer
AAiii because Their direction compeIs it,